Terms of Service
Please read these terms carefully before using our learning management platform. These terms govern your access to and use of SkillStream LMS services.
Last Updated: December 28, 2024 | Effective Date: December 28, 2024
Introduction
Welcome to SkillStream LMS. These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and SkillStream LMS ("Company," "we," "our," or "us") governing your access to and use of our learning management platform and related services.
By creating an account, accessing our platform, or using any of our services, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you are entering into these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to these Terms.
Important: If you do not agree to these Terms, you must not access or use our services. We recommend printing or saving a copy of these Terms for your records.
1. Acceptance of Terms
Agreement to Terms
By accessing or using SkillStream LMS services, you agree to be bound by these Terms of Service and all applicable laws and regulations. If you do not agree with any of these terms, you are prohibited from using our services.
Eligibility
You must be at least 18 years old or have reached the age of majority in your jurisdiction to use our services. By using our services, you represent and warrant that you meet these requirements.
Updates to Terms
We reserve the right to modify these terms at any time. We will notify you of material changes via email or through our platform. Your continued use of the services after such modifications constitutes acceptance of the updated terms.
2. Account Registration and Security
Account Creation
To access certain features, you must register for an account. You agree to provide accurate, current, and complete information during registration and to update such information to keep it accurate.
Account Security
You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You must notify us immediately of any unauthorized access or security breach.
Account Termination
We reserve the right to suspend or terminate your account at any time for violations of these terms, fraudulent activity, or any conduct that we deem harmful to other users or our business.
3. Use of Services
License Grant
Subject to these terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use our learning management platform for your internal training purposes.
Acceptable Use
You agree to use our services only for lawful purposes and in accordance with these terms. You may not use our services in any way that could damage, disable, or impair our systems or interfere with other users.
Content Standards
Any content you upload or create must not violate intellectual property rights, contain malicious code, be defamatory or obscene, or violate any applicable laws or regulations.
4. Prohibited Activities
Restrictions
You may not: reverse engineer or decompile our software; attempt to gain unauthorized access to our systems; use our services for competitive analysis; share account credentials with unauthorized parties; or engage in any activity that disrupts our services.
Content Restrictions
You may not upload, post, or transmit any content that: infringes intellectual property rights; contains viruses or malicious code; is fraudulent or deceptive; violates privacy rights; or promotes illegal activities.
Enforcement
Violation of these restrictions may result in immediate termination of your account, legal action, and reporting to appropriate authorities.
5. Payments and Billing
Subscription Fees
Access to our services requires payment of subscription fees as specified in your chosen plan. All fees are quoted in USD unless otherwise stated and are exclusive of applicable taxes.
Billing Cycle
Subscriptions are billed in advance on a monthly or annual basis, depending on your selected plan. Your subscription will automatically renew unless cancelled before the renewal date.
Payment Methods
We accept major credit cards and other payment methods as displayed during checkout. You authorize us to charge your selected payment method for all fees incurred.
Price Changes
We reserve the right to modify our pricing with 30 days advance notice. Price changes will take effect at the start of your next billing cycle following the notice period.
6. Cancellation and Refunds
Cancellation Policy
You may cancel your subscription at any time through your account settings or by contacting our support team. Cancellation will take effect at the end of your current billing period.
Refund Policy
We offer a 30-day money-back guarantee for new subscriptions. After this period, subscription fees are non-refundable. Partial refunds may be considered on a case-by-case basis for annual plans.
Data After Cancellation
Upon cancellation, your data will be retained for 30 days, after which it will be permanently deleted. You may export your data before cancellation through the platform settings.
7. Intellectual Property
Our Intellectual Property
All content, features, and functionality of our services, including but not limited to software, text, graphics, logos, and trademarks, are owned by SkillStream LMS and are protected by copyright, trademark, and other intellectual property laws.
Your Content
You retain ownership of content you create or upload to our platform. By uploading content, you grant us a worldwide, non-exclusive license to use, reproduce, and display such content solely for the purpose of providing our services.
Feedback
Any feedback, suggestions, or ideas you provide regarding our services may be used by us without any obligation to compensate you.
8. Disclaimers and Limitations
Service Availability
Our services are provided "as is" and "as available" without warranties of any kind. We do not guarantee that our services will be uninterrupted, error-free, or secure at all times.
Limitation of Liability
To the maximum extent permitted by law, SkillStream LMS shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits, revenue, data, or business opportunities.
Maximum Liability
Our total liability to you for any claims arising from or related to these terms or our services shall not exceed the amount you paid to us in the twelve (12) months preceding the claim.
9. Indemnification
Your Indemnity
You agree to indemnify, defend, and hold harmless SkillStream LMS, its officers, directors, employees, and agents from any claims, damages, losses, or expenses (including reasonable legal fees) arising from your use of our services, violation of these terms, or infringement of any third-party rights.
10. Dispute Resolution
Governing Law
These terms shall be governed by and construed in accordance with the laws of the State of Colorado, United States, without regard to its conflict of law provisions.
Arbitration
Any disputes arising from these terms or our services shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association, except where prohibited by law.
Class Action Waiver
You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action.
Jurisdiction
For any disputes not subject to arbitration, you consent to the exclusive jurisdiction of the state and federal courts located in Erie, Colorado.
11. Severability
If any provision of these Terms is found to be unenforceable or invalid by a court of competent jurisdiction, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall continue in full force and effect.
12. Entire Agreement
These Terms, together with our Privacy Policy and any other legal notices published by us on our platform, constitute the entire agreement between you and SkillStream LMS regarding your use of our services. These Terms supersede any prior agreements or understandings, whether written or oral.
Contact Us
If you have any questions about these Terms of Service, please contact us:
Legal Department: legal@skillstreamlms.com
General Support: support@skillstreamlms.com
Phone: +1 (720) 862-9322
Address: 824 Gold Hill Dr, Erie, Colorado 80516